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Are these compansation payouts out of proportion?
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It would seem from these huge payouts, that slight injuries to teachers are worth more in compensation than the more severe injuries that some of our armed forces endure.
It would seem from these huge payouts, that slight injuries to teachers are worth more in compensation than the more severe injuries that some of our armed forces endure.
Answers
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It's not an issue about the teaching profession.
Compensation settlements calculated by the courts on a fairly consistently basis where there is litigation, or there is some sort of agreed basis of calculation that is used in out of court settlements. It will happen wherever there is liability for injury.
The comparison with the stabbed schoolgirl is a sad one but there the victim presumably didn't have the resources to make suing worthwhile and so the victim received damages on the set scale from the criminal injuries and compensation board.
The case of soldiers different too if they are injured in the course of their duties, so who should be liable- an Afghan gunman probably can't be found and sued
Compensation settlements calculated by the courts on a fairly consistently basis where there is litigation, or there is some sort of agreed basis of calculation that is used in out of court settlements. It will happen wherever there is liability for injury.
The comparison with the stabbed schoolgirl is a sad one but there the victim presumably didn't have the resources to make suing worthwhile and so the victim received damages on the set scale from the criminal injuries and compensation board.
The case of soldiers different too if they are injured in the course of their duties, so who should be liable- an Afghan gunman probably can't be found and sued
Well let's not start with the assumption that teachers are scheming selfish pinkos and the Daily Mail is a crusading beacon of light.
Lets start with the assumption that the Mail is a disingenuous bunch of rabid lunatics hell bent on misleading the public and see where that gets us...
reflex sympathetic dystrophy - which the Mail tells us means "hurt finger".
A slightly more knowledgable opinion tells us:
The key symptom is pain that:
Is intense and burning, and is much stronger than would be expected for the type of injury that occurred
Gets worse, rather than better over time
Begins at the point of injury, but often spreads to the whole limb, or to the arm or leg on the opposite side of the body
More details but the end result
Stage 3 (irreversible changes can be seen)
Limited movement in limb because of tightened muscles and tendons (contracture)
Muscle wasting
Pain in the entire limb
http
"Hurt finger" - yeah right
Am I cleverer than the Mail journalists do you think?
Am I able to check facts better?
Do I have access to better information then them?
I don't think I do - I wonder why they're running the story like this then
Hmmmmm
Lets start with the assumption that the Mail is a disingenuous bunch of rabid lunatics hell bent on misleading the public and see where that gets us...
reflex sympathetic dystrophy - which the Mail tells us means "hurt finger".
A slightly more knowledgable opinion tells us:
The key symptom is pain that:
Is intense and burning, and is much stronger than would be expected for the type of injury that occurred
Gets worse, rather than better over time
Begins at the point of injury, but often spreads to the whole limb, or to the arm or leg on the opposite side of the body
More details but the end result
Stage 3 (irreversible changes can be seen)
Limited movement in limb because of tightened muscles and tendons (contracture)
Muscle wasting
Pain in the entire limb
http
"Hurt finger" - yeah right
Am I cleverer than the Mail journalists do you think?
Am I able to check facts better?
Do I have access to better information then them?
I don't think I do - I wonder why they're running the story like this then
Hmmmmm
I'm sure that if it was just a 'sore finger' the local education authority (who know their resources are stretched) would have made a significantly lower offer and would have been prepared to go to court if their offer was rejected knowing that a judge would never decide on a big settlement for a minor injury.
It's all just clever wordplay by the Mail- for example 'slipped on a grape' could mean a broken neck/confinement to a wheelchair for all we know
It's all just clever wordplay by the Mail- for example 'slipped on a grape' could mean a broken neck/confinement to a wheelchair for all we know
factor30
/// The comparison with the stabbed schoolgirl is a sad one but there the victim presumably didn't have the resources to make suing worthwhile ///
Foreign nationals who we want to send back to their own countries have no difficulty in getting the very best legal aid, benefit of the British taxpayer.
/// The case of soldiers different too if they are injured in the course of their duties, so who should be liable- an Afghan gunman probably can't be found and sued ///
As in all civil employment cases their employers, in the soldier's cases the Ministry of Defence.
/// The comparison with the stabbed schoolgirl is a sad one but there the victim presumably didn't have the resources to make suing worthwhile ///
Foreign nationals who we want to send back to their own countries have no difficulty in getting the very best legal aid, benefit of the British taxpayer.
/// The case of soldiers different too if they are injured in the course of their duties, so who should be liable- an Afghan gunman probably can't be found and sued ///
As in all civil employment cases their employers, in the soldier's cases the Ministry of Defence.
-- answer removed --
>The comparison with the stabbed schoolgirl is a sad one but there the victim presumably didn't have the resources to make suing worthwhile
Sorry, that was a typing error by me which confused the issue. I meant that the assailant not the victim. If the person who commits an assault has no money there is little point in suing them.
On what basis can a soldieror his/her family sue the MOD when a soldier is injured /killed in action?
Sorry, that was a typing error by me which confused the issue. I meant that the assailant not the victim. If the person who commits an assault has no money there is little point in suing them.
On what basis can a soldieror his/her family sue the MOD when a soldier is injured /killed in action?
The basis for these payouts is, I would guess, either under negligence or the Occupier's Liability Act. The payments made to local authority staff will have been made by the insurance company and not by the LA directly. Jake and Factor are right on how they are calculated. There will have been medical reports detailing condition and prognosis and once the experts had agreed on a prognosis, damages would have been assessed in accordance with the Judicial Studies Board guidelines.
The young lady who was stabbed received money from the CICB - this is NOT an insurance company but a public fund which goes some way to compensating victims. Had the assailant been rich, no doubt she could have sued him and won significant damages.
A similar situation occurs with soldiers - unless there is negligence on behalf of the MoD there is no cause of action against the MoD. Although I do agree that the payments are paltry.
The young lady who was stabbed received money from the CICB - this is NOT an insurance company but a public fund which goes some way to compensating victims. Had the assailant been rich, no doubt she could have sued him and won significant damages.
A similar situation occurs with soldiers - unless there is negligence on behalf of the MoD there is no cause of action against the MoD. Although I do agree that the payments are paltry.
-- answer removed --
Jake, whilst I have sympathy with your post, doing some basic research it rather looks as if you have done the opposite of the DM, the truth probably lies in between.
This sort of sum is ridiculous, the teacher assistant should also have a duty of care and not trip over a wheelchair.
Perhaps a subscription to spec savers would have been more appropriate.
This sort of sum is ridiculous, the teacher assistant should also have a duty of care and not trip over a wheelchair.
Perhaps a subscription to spec savers would have been more appropriate.
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